28-677. Declaration of statewide concern; prohibition of emergency response services fees; exceptions

269 words·~1 min read·/az/title-28/28-677

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The legislature finds that the regulation of emergency response services fees for motor vehicle accidents or other incidents involving motor vehicles or investigations, cleanup or preparation of reports of accidents or incidents is a matter of statewide concern and not subject to further regulation by a county, city or town of this state.

B. Except as provided in subsection C of this section, a county, city or town may not directly or indirectly charge a fee or seek reimbursement from the driver, an insurer or any other person for any costs or expenses for the provision of police, fire or other emergency responder services, personnel, supplies, motor vehicles or equipment in responding to a motor vehicle accident or other incident involving a motor vehicle or in the investigation, cleanup or preparation of a report of the accident or incident.

C. A county, city or town may charge a lawful and proper fee for any liability arising from the following:

1. Damages to property of the county, city or town.

2. Amounts due pursuant to title 12, chapter 7, article 10.

3. Charges for ambulance services provided by the city or town.

4. Charges authorized by section 28-910 or 28-1386.

5. Environmental cleanup costs as required by state or federal law.

6. Charges for public records under title 39, chapter 1.

7. Any other charge specifically permitted by state law.

8. Charges for fire or police services provided outside of the boundaries of a city or town located in a county with a population of less than one million persons.

9. Charges pursuant to intergovernmental agreements between political subdivisions.